Nevada § 338.595 - Amounts withheld as retainage; payment of interest

§ 338.595. Amounts withheld as retainage; payment of interest

1. If a subcontractor and another subcontractor or supplier enter into a subcontract

for a public work, the subcontractor may withhold as retainage not more than 5 percent

from the amount of any progress payment due under a subcontract which is made before

50 percent of the work has been completed under the subcontract. 2. After 50 percent of the work required by the subcontractor or supplier has been

performed, the subcontractor shall pay any additional progress payments due under

the subcontract without withholding any additional retainage if, in the opinion of

the subcontractor, satisfactory progress is being made in the work under the subcontract. The payment must be equal to that paid by the contractor to the subcontractor for

the work performed or supplies provided by his or her subcontractor or supplier. If the subcontractor continues to withhold retainage from remaining progress payments: (a) If the subcontractor does not withhold any amount pursuant to NRS 338.600 : (1) The subcontractor may not withhold more than 2.5 percent of the amount of any

progress payment; and (2) Before withholding any amount pursuant to subparagraph (1), the subcontractor

must pay to the subcontractor or supplier 50 percent of the amount of any retainage

that was withheld from progress payments pursuant to subsection 1; or (b) If the subcontractor withholds any amount pursuant to NRS 338.600 : (1) The subcontractor may not withhold more than 5 percent of the amount of any progress

payment; and (2) The subcontractor may continue to retain the amount of any retainage that was

withheld from progress payments pursuant to subsection 1. 3. If the subcontractor receives a payment of interest earned on the retainage or

an amount withheld from a progress payment, the subcontractor shall, within 10 days

after receiving the money, pay to each of his or her subcontractors or suppliers that

portion of the interest received from the contractor which is attributable to the

retainage or amount withheld from a progress payment by the subcontractor to his or

her subcontractor or supplier. 4. If, pursuant to subsection 4 of NRS 338.555 , the contractor pays to the subcontractor the portion of any retainage withheld by

the contractor pursuant to NRS 338.555 for the portion of the work which has been performed by the subcontractor, the subcontractor

must pay to the subcontractor's subcontractors and suppliers the portion of any retainage

withheld by the subcontractor pursuant to this section for the portion of the work.